“Legislative bodies must adopt more agile and adaptive frameworks… to address climate challenges more effectively”

Dr. Claudia Dias Soares is a distinguished legal professional with extensive expertise in Law & Policy for Sustainable Transition through Public & Private Finance. With a rich background spanning academia, research, and consultancy, Claudia has contributed significantly to the field. Previously a policy expert at the European Central Bank, Claudia also served as a law professor at the Portuguese Catholic University (1994-2014). Her academic credentials include two PhDs, two MPhil degrees, and various other qualifications in Law, Management, and Educational Sciences.

Claudia has held visiting scholar positions at prestigious institutions such as Goethe University (Germany), the Danish Ministry of Environment, and Umeå University (Sweden). With over 20 years of experience in research and academia, Claudia has published more than 70 academic works and offered policy consultancy to prominent organizations including the World Bank Group, the European Commission, and the European Environmental Agency.

Active in European legislative processes and international policy, Claudia has been involved in the European Semester (European Union) and contributed to financial and environmental regulatory reforms in several European countries as well as in the European institutions. Her extensive work in European research projects, publication on EU Law, and teaching at European institutions highlights her deep commitment to advancing knowledge and shaping policy in sustainable finance and environmental law.

PG: Do you believe the legislative processes are speedy enough to address the pace of climate breakdown?

CDS: The current legislative processes often struggle to keep pace with the rapid acceleration of climate breakdown. The complexity of climate issues and the need for comprehensive, cross-sectoral responses can lead to delays and inefficiencies in lawmaking. Legislative bodies must adopt more agile and adaptive frameworks, incorporate scientific advancements promptly, and foster international collaboration to address climate challenges more effectively. There is also a need for a more proactive approach, with expedited processes for urgent climate actions.

Moreover, the urgent need to implement effective sanctions for clear breaches of environmental standards has become increasingly apparent in light of recent developments and there is a civil society’s reaction building up. For example, in the US, survivors of natural disasters, including wildfires, floods, and hurricanes, have petitioned the Department of Justice to investigate the oil and gas industry for its alleged role in exacerbating climate change and worsening these disasters (see https://www.linkedin.com/feed/update/urn:li:activity:7230136281765220352?utm_source=share&utm_medium=member_desktop). Their compelling call for accountability is rooted in the belief that the industry’s long-standing awareness of the environmental risks posed by its products, coupled with efforts to obscure this knowledge and mislead the public, constitutes a form of climate crime. Over 1,000 survivors have signed a letter demanding a federal investigation, arguing that the industry’s actions have directly contributed to the escalating frequency and severity of climate-related catastrophes.

This growing movement for climate accountability underscores the need for robust sanctions, including civil and criminal penalties, to address the industry’s disinformation campaigns and environmental damage. Such sanctions are not only crucial for compensating affected communities and mitigating further harm but also for deterring future misconduct. By imposing stringent penalties on those who flagrantly breach environmental standards, the legal system can enhance its role in protecting both the environment and public health, ensuring that perpetrators of climate harm are held accountable and that justice is served.

PG: Do legislative frameworks empower governments well enough?

CDS: Legislative frameworks often provide governments with substantial powers to address climate change, but the effectiveness of these powers can vary significantly. Effective empowerment requires not only clear legal mandates but also adequate resources, technical support, and political will. Governments must be equipped with the authority to implement and enforce policies, as well as to engage stakeholders in the transition process. Additionally, capacity building and financial mechanisms are crucial to ensure that governments can act decisively and effectively. These resources are not always available…or made available!

PG: A significant focus is on immediate, rapid, and large-scale reduction in greenhouse gas emissions. Don’t you think biodiversity loss and pollution get lesser attention?

CDS: While greenhouse gas reduction is critical, it is equally important to address biodiversity loss and pollution, which are deeply interconnected with climate change. Legal frameworks must integrate biodiversity conservation and pollution control into climate strategies. Effective legislation should encompass holistic environmental protection, ensuring that efforts to mitigate climate change do not inadvertently neglect or exacerbate other ecological issues. A balanced approach is essential for long-term sustainability.

The urgent focus on immediate, rapid, and large-scale reductions in greenhouse gas emissions is driven by the understanding that many other environmental impacts are intrinsically linked to the concentration of these gases in the atmosphere. Addressing greenhouse gas emissions is not just a priority; it is a foundational action that underpins efforts to combat climate change and its cascading effects on ecosystems, weather patterns, and global health.

However, within the European Union, the protection of biodiversity has been gaining significant momentum alongside climate efforts. This shift is largely influenced by the realization that financial stability is deeply interconnected with the health of ecosystems. Financial supervisors have increasingly recognized that financial institutions’ balance sheets are heavily reliant on ecosystem services – such as pollination, water purification, and climate regulation – that are provided by a diverse and functioning natural world. As a result, any threat to biodiversity is now seen as a direct threat to financial stability, prompting the EU to integrate biodiversity protection more robustly into its regulatory frameworks. This dual focus on reducing greenhouse gas emissions and safeguarding biodiversity reflects a comprehensive approach to environmental stewardship that acknowledges the complex interdependencies between the natural world and economic systems.

PG: Our oceans account for 71% of the planetary surface and are a critical regulator of climate. Are you mindful of this while formulating regulations?

CDS: Absolutely. The role of oceans in regulating climate and supporting biodiversity is crucial. Regulations must reflect this by incorporating marine conservation and sustainable management principles. Policies should address ocean acidification, marine pollution, and overfishing, and promote the protection of marine ecosystems. Effective regulation requires a comprehensive approach that recognizes the oceans’ integral role in climate stability and ecological health.

Oceans are increasingly becoming a focal point in European Union environmental policy, particularly within the framework of the “blue economy,” which emphasizes the sustainable use of ocean resources for economic growth, improved livelihoods, and ecosystem health. Recognizing that oceans are not only vital for the climate system – acting as the planet’s largest carbon sink and a crucial regulator of climate -but also for the economy, the EU has been advancing policies that promote the sustainable management of marine resources. This includes initiatives aimed at protecting marine biodiversity, combating illegal fishing, reducing marine pollution, and fostering innovation in sustainable marine industries, such as renewable energy, aquaculture, and marine biotechnology.

On a personal note, let me tell you that, for someone coming from Portugal, the oceans hold an even deeper, affective value! Portugal, with its extensive coastline and rich maritime history, has always had a close relationship with the sea. The ocean is integral to the nation’s identity, culture, and economy, serving as a source of livelihood, inspiration, and recreation for its people. The Portuguese have a profound respect for the sea, viewing it not just as a resource to be managed but as a cherished part of their heritage that must be protected for future generations.

This personal and cultural connection amplifies the significance of the EU’s blue economy policies for those from coastal nations like Portugal, where the health of the oceans is directly linked to the well-being of the community, the preservation of traditions, and the sustainability of economic activities that have been passed down through generations. The EU’s increasing emphasis on the blue economy resonates strongly in Portugal, where the sea is more than just a policy issue – it’s a way of life.

Fun-fact: the European Maritime Safety Agency (EMSA), which offers technical expertise and operational assistance in maritime safety, security and pollution, is headquartered in Lisbon!

PG: What comes in the way of enacting regulations against harmful effects of fossil fuel?

CDS:** Several factors impede the enactment of stringent regulations against fossil fuels. These include entrenched economic interests, political resistance, and the challenge of transitioning away from established industries. Fossil fuel subsidies and lobbying by energy companies are also hindering progress. Addressing these challenges requires strong political commitment, public support, and the development of alternative energy solutions to facilitate a smooth transition.

Fighting greenwashing and the spread of fake news by the fossil fuel industry is crucial for gaining public support in the transition away from fossil fuels. The industry has long employed tactics to downplay the environmental impacts of their operations, misleading the public with false narratives about the sustainability of fossil fuels and the feasibility of cleaner alternatives. These tactics not only hinder the progress of environmental policies but also sow doubt and confusion among the public, weakening the momentum for necessary changes.

By actively combating greenwashing and exposing the misinformation spread by the fossil fuel industry, we can foster a more informed public discourse, build trust in science-based solutions, and galvanize collective action toward a sustainable energy future. Ensuring transparency and accountability in corporate environmental claims – a priority strongly emphasized by the European Union – is crucial for shifting public opinion and garnering widespread support for the urgent transition away from fossil fuels.

PG: Shouldn’t aviation and shipping be brought under the purview of the Paris Agreement?**

CDS: Yes, aviation and shipping are significant sources of greenhouse gas emissions and should be more explicitly integrated into the Paris Agreement framework. Including these sectors would enhance global efforts to mitigate climate change and ensure a more comprehensive approach to emission reductions. This integration would require international cooperation and sector-specific strategies to address the unique challenges posed by these industries.

In the European Union, this integration is already a matter of fact. Aviation and shipping have been increasingly integrated into the Emission Trading Scheme (EU ETS) as part of broader efforts to mitigate climate change. The EU ETS, a cornerstone of the EU’s climate policy, is a market-based mechanism that sets a cap on the total amount of greenhouse gases that can be emitted by covered sectors. Aviation was included in the EU ETS in 2012, requiring airlines operating within the European Economic Area (EEA) to purchase allowances to cover their CO2 emissions. This inclusion aims to incentivize airlines to reduce emissions through improved fuel efficiency and investment in greener technologies.

More recently, the European Commission has taken steps to address emissions from the maritime sector. In July 2021, as part of the “Fit for 55” package, the Commission proposed extending the EU ETS to cover CO2 emissions from maritime transport. Under this proposal, shipping companies would need to buy and surrender allowances for their emissions, starting with voyages within the EEA and gradually extending to all international voyages. This integration of aviation and shipping into the EU ETS represents a significant effort to hold these sectors accountable for their environmental impact and aligns with the EU’s broader goal of achieving climate neutrality by 2050.

PG: Do you believe the emerging laws protect inter-generational interests?

CDS: Emerging laws increasingly recognize the importance of intergenerational equity, but there is still much work to be done. Effective legal frameworks should ensure that the rights and interests of future generations are safeguarded by promoting sustainable development, environmental protection, and resource conservation. Incorporating principles of intergenerational justice into legislation can help ensure that today’s actions do not compromise the well-being of future generations.

The forthcoming advisory opinion from the International Court of Justice (ICJ) on the Obligations of States in respect of Climate Change is poised to play a pivotal role in defending the interests of future generations (see https://www.linkedin.com/feed/update/urn:li:activity:7230525874465378304?utm_source=share&utm_medium=member_desktop) . This advisory opinion, which has garnered substantial international engagement with 62 written comments filed by States and organizations, will address critical legal questions about the responsibilities of nations under international law to mitigate climate change impacts. The Court’s opinion is expected to set important precedents regarding State liability for climate-related damage and provide legal frameworks that could influence future litigation and policy-making. This process could profoundly impact climate justice and the protection of human rights, offering a critical legal tool to safeguard the interests of future generations against the ongoing and escalating threats of climate change.

PG: How to ensure ecocide laws work effectively?

CDS:  Ecocide, which refers to the extensive destruction of ecosystems through actions such as pollution, deforestation, and habitat destruction, is gaining increasing attention as a potential international crime. Ensuring the effectiveness of ecocide laws involves several key measures. First, defining ecocide clearly and comprehensively in legal terms is essential. Additionally, strong enforcement mechanisms, international cooperation, and robust legal frameworks are necessary to hold perpetrators accountable. Public awareness and support are also crucial for the successful implementation of ecocide laws. Finally, integrating ecocide provisions into broader environmental and human rights frameworks can enhance their effectiveness and impact.

On January 25, 2023, the Parliamentary Assembly of the Council of Europe (PACE) passed a pivotal Resolution urging its 46 member states to officially recognize and codify ecocide as a criminal offense within both national and international legal frameworks. This Resolution also strongly advocated for the amendment of the Rome Statute of the International Criminal Court (ICC) to include ecocide as a distinct crime. It is important to distinguish the Council of Europe and its Parliamentary Assembly from the EU institutions, such as the Council of the EU and the European Parliament, which are part of the European Union’s legislative and decision-making bodies.

The Council of Europe, based in Strasbourg, operates as an international organization focused on human rights, democracy, and the rule of law, and its Parliamentary Assembly, while influential, does not possess legislative authority. Consequently, while the Resolution from PACE does not carry legal force, it plays a significant role in galvanizing global support and advancing the initiative to formally recognize and prosecute ecocide under international law.

However, the European Union is also taking steps towards the adoption of ecocide laws. The legal regime of ecocide within the European Union (EU) represents a progressive step towards addressing severe environmental harm with a robust legal framework. Within the EU, there is a growing movement to integrate ecocide into existing legal structures, reflecting a broader commitment to environmental protection and justice. While the EU does not yet have a specific, consolidated ecocide law, several member states have begun to incorporate ecocide principles into their national legislation. For instance, countries like France and the Netherlands are pioneering efforts to criminalize severe environmental damage, recognizing the profound impact on biodiversity, climate stability, and human health.

At the EU level, the European Parliament has also shown interest in advancing the discussion on ecocide, supporting initiatives that aim to align EU law with global efforts to recognize and prosecute ecocide. This evolving legal landscape highlights the EU’s proactive stance in addressing environmental degradation and its role in fostering international collaboration to establish ecocide as a serious and actionable offense, thereby enhancing the protection of ecosystems and promoting sustainable environmental stewardship across the region.

PG: Appreciate your brilliant insights, Dr. Soares. Best wishes in your endeavour towards adopting agile and adaptive frameworks to address climate challenges more effectively.

This article is also published on the author's blog. illuminem Voices is a democratic space presenting the thoughts and opinions of leading Sustainability & Energy writers, their opinions do not necessarily represent those of illuminem.